Kerajaan Malaysia BATU KEMAS INDUSTRI SDN BHD

Kerajaan Malaysia BATU KEMAS INDUSTRI SDN BHD

Court of Appeal upheld the High Court's approach on replacement/repair costs (RM35,000,000) as within judicial discretion and within the Federal Court remit; denied pre-judgment interest but held statutory post-judgment interest at 5% p.a. runs from date of judgment (17.3.2022) until full settlement; reduced awards relying on inadmissible ID documents (paras (c)-(e)) to nominal RM1,000 each; deleted para (b) as subsumed into para (f); parties to bear own costs.

Citation
A-01(W)-242-04/2022 (Mahkamah Rayuan)
Parties
Appellant (1st Defendant in Original Trial): Kerajaan Malaysia; Appellant (plaintiff in Original Trial): Batu Kemas Industri Sdn Bhd; Appellant (2nd Defendant in Original Trial): Tenaga Nasional Berhad
Court
W
Jurisdiction
Malaysia
Judgment Date
11 November 2024
Case Number
A-01(W)-242-04/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) / Court of Appeal Judgment on Remitted Assessment of Damages
Outcome
Mixed: Government of Malaysia appeal dismissed; Batu Kemas appeal allowed in part; TNB appeal allowed in part.
Legal Topics
Pre Judgment Interest, Post Judgment Interest, Assessment of Damages, Admissibility of Identified (id) Documents, Replacement Cost of Machinery, Scope of Remittal by Appellate Court
Source Language
Malay/English
Civil Procedure Evidence Damages Commercial/commercial Tort Pre Judgment Interest Post Judgment Interest Assessment of Damages Admissibility of Identified (id) Documents +2 more

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Parties

Kerajaan Malaysia

Appellant (1st Defendant in Original Trial)

Batu Kemas Industri Sdn Bhd

Appellant (plaintiff in Original Trial)

Tenaga Nasional Berhad

Appellant (2nd Defendant in Original Trial)

Procedural Posture

Civil Appeal (court of Appeal) / Court of Appeal Judgment on Remitted Assessment of Damages

Legal Issues

  1. 1 Whether pre-judgment interest should have been awarded
  2. 2 Whether post-judgment interest runs from date of assessment or date of judgment and at what rate
  3. 3 Whether the High Court erred in awarding RM35,000,000 for replacement/repair costs given the evidence

Ratio Decidendi

Court of Appeal upheld the High Court's approach on replacement/repair costs (RM35,000,000) as within judicial discretion and within the Federal Court remit; denied pre-judgment interest but held statutory post-judgment interest at 5% p.a. runs from date of judgment (17.3.2022) until full settlement; reduced awards relying on inadmissible ID documents (paras (c)-(e)) to nominal RM1,000 each; deleted para (b) as subsumed into para (f); parties to bear own costs.

Court Disposition

Mixed: Government of Malaysia appeal dismissed; Batu Kemas appeal allowed in part; TNB appeal allowed in part.

Orders

  • Appeal 242 (Kerajaan Malaysia) dismissed
  • Appeal 243 (Batu Kemas) allowed in part: statutory post-judgment interest of 5% per annum to be charged on the judgment debt from 17.3.2022 until full payment